Both federal and state laws protect U.S. employees against workplace sexual harassment. Federal laws are based upon Title VII of the Civil Rights Act of 1964, which is applied to businesses with 15 or more employees. Employees for smaller companies are generally placed under the protection of similar state anti-discrimination laws. And same-sex harassment laws vary from state to state.
Workplace sexual harassment generally falls into two categories:- Quid Pro Quo Harassment involves an employees enduring sexual harassment in order to keep or get a job, job benefits, pay raises or promotions.
- Hostile Work Environment Harassment is defined as harassment in the workplace that interferes with or has a wrong impact on the employee's work performance, or generates an intimidating, hostile or abusive work environment.
A few factors characterize a "hostile" workplace environment. For example, one has to determine if the harassment is physical, verbal or both. The frequency of a co-worker’s actions must also be determined. The alleged harasser’s position within the company is also important. Finally, the number of people involved in the harassment, as well the number of persons harassed, are key factors.
The person making a sexual harassment claim must establish objectively that he or she found the conduct to be intimidating, hostile or abusive, and that a reasonable person in the position of the claimant would also consider the conduct intimidating, hostile or abusive.
Before initiating any lawful action, it is vital that the victim inform the harasser that the conduct is unwelcome and must come to an end. Explicit words or conduct must be used to demonstrate that the conduct is unwanted. These actions must be carried out in order to ensure that the plaintiff is not operating under the mistaken belief that the conduct at issue is not unwanted. The victim should also use any means of complaint made available through the workplace system.
If the abovementioned methods are unsuccessful, the victim should contact the Equal Employment Opportunity Commission or a parent state agency. Consulting an attorney before contacting a government agency is also recommended.
